Written Answers Nos. 234-249
234. Deputy Catherine Murphy asked the Minister for Education and Skills the changes he has made to allow access by persons to their own data held by his Department and bodies under its aegis following the introduction of GDPR; and if he will make a statement on the matter. [31469/18]
Amharc ar fhreagraWith the commencement of the General Data Protection Regulation (GDPR) and the Data Protection Act, 2018 my Department has updated its procedures to assist data subjects exercise their rights including access to any of their personal data which my Department may process. Full details of how a data subject may exercise their rights in respect of personal data processed by my Department are available on my Department’s website at the following link.
Each aegis agency is a data controller for any personal data which they process. Data subject access arrangements for personal data, which is being processed by the aegis agencies, are operational matters for the agencies concerned.
235. Deputy Catherine Murphy asked the Minister for Education and Skills the staffing complement and resources of his Department's data protection officer; and if he will make a statement on the matter. [31493/18]
Amharc ar fhreagraMy Department has designated a Data Protection Officer (DPO). Two other members of staff have been re-assigned by my Department to assist the DPO in the performance of his role.
236. Deputy Catherine Murphy asked the Minister for Education and Skills the data protection impact assessments his Department has commenced since 15 May 2018; and if he will make a statement on the matter. [31510/18]
Amharc ar fhreagraAs provided for under Article 35 of the General Data Protection Regulation (GDPR) my Department, as a data controller, will undertake Data Protection Impact Assessments (DPIA) where a type of processing, in a particular using new technologies, and taking into account the nature, scope, context and purposes of processing, is likely to result in a high risk to the rights and freedoms of natural person.
My Department is currently undertaking a DPIA which pre-dates the commencement of the GDPR on 25th May, 2018. This DPIA is being undertaken in conjunction with a number of joint data controllers for the proposed processing of personal data in respect of the new Leaving Certificate – Physical Education examinable subject.
Since the 25th May my Department in consultation with the Educational Research Centre has commenced a DPIA on the proposed processing of student data in a number of sample schools for the purpose of establishing standards for testing in post-primary schools.
Both of the above DPIA processes are ongoing at present.
237. Deputy Joan Burton asked the Minister for Education and Skills his plans to provide additional further education facilities in Dublin 15 in view of the recent youth unemployment statistics for the area; and if he will make a statement on the matter. [31560/18]
Amharc ar fhreagraLast Wednesday I, along with Department and SOLAS officials, met with the Deputy, who was joined by Dublin Dún Laoghaire ETB (DDLETB) and the principal of Blakestown Community school, in relation to this matter.
It was agreed at the meeting that DDLETB/Blakestown would send a proposal to SOLAS in relation to the fitting out and allocation of four additional PLC provisions commencing in September 2019 in Dublin 15.
SOLAS will respond appropriately to DDLETB once the proposal is received.
238. Deputy Aindrias Moynihan asked the Minister for Education and Skills the number of applicants in 2016 and 2017 for SUSI maintenance grants by persons that lived between the current 45 km and previous 22.5 km boundary for the non-adjacent maintenance grant; and if he will make a statement on the matter. [31600/18]
Amharc ar fhreagraThe Deputy will be aware that Budget 2011 provided for a number of student grant measures which came into effect for the 2011/12 academic year, including the change in the assessment of the qualifying distance criterion for the non-adjacent rate of grant from 24 kilometres to 45 kilometres.
The 24km distance criterion was originally set in 1968 and had not been updated in more than 40 years. Since then, significant improvements have taken place in the road and rail network and it is considered that the revised distance criteria is more consistent with the type of distances that students may legitimately be expected to commute to college.
The number of students awarded a third level grant for each of the academic years 16/17 and 17/18 who reside between 24km and 45 km is circa 7,800 and 8,800, respectively.
239. Deputy Róisín Shortall asked the Minister for Education and Skills if a review of the school planning areas took place on foot of the 2016 census results; if a map of the school planning areas and the feeder catchment areas for Dublin 9 and Dublin 11 will be provided; and if he will make a statement on the matter. [31603/18]
Amharc ar fhreagraSchool planning areas were developed for use with the Geographical Information System (GIS) in 2008. With the introduction of Small Areas in Census 2011, these areas were amended to align with Census Small Areas. Census data indicate that a total of 37 Small Areas were amalgamated in 2016 due to reduced household numbers, 309 Small Areas were created in 2016 arising from the splitting of 151 Small Areas due to increased household numbers and residential development and a further 41 Small Areas had their boundaries adjusted causing dwellings to change Small Areas. The Department has reviewed these changes and is satisfied that they did not have any substantive impact on the Department's school planning areas, which incorporate Census Small Areas.
A map of the school planning areas in the Dublin 9 and Dublin 11 areas is provided in the following link:
240. Deputy Catherine Murphy asked the Minister for Education and Skills the measures he has taken in his Department further to the Minister of State at the Department of Public Expenditure and Reform's statement (details supplied) that the Data Sharing and Governance Bill 2018 is needed to provide a legal basis for certain data transfers; and if he will make a statement on the matter. [31621/18]
Amharc ar fhreagraThe Data Sharing and Governance Bill was published on 8 June 2018 and is currently at Report Stage in the Seanad.
The purpose of the Bill is to promote and encourage data sharing between public bodies by providing a statutory framework for data sharing for legitimate and clearly specified purposes that are compliant with data protection law; and to improve the protection of individual privacy rights by setting new governance standards for data sharing by public bodies.
National and EU data protection law requires that data sharing needs an explicit legal basis. Data sharing is currently carried out by the public service under existing sectorial legislation. For example, the Student Support Act 2011 provides that public bodies may share data with Student Universal Support Ireland (SUSI) for the purposes of streamlining the processing student grant applications.
Access to the legislative schedule is limited, however, and, as a result, the process of obtaining the required powers to share data can be very slow for public bodies. Furthermore, the reliance on sectorial legislation for sharing has resulted in a piecemeal set of data sharing laws that are complex and not very transparent to the public.
The Data Sharing and Governance Bill, therefore, provides a flexible legislative gateway for data sharing by public bodies that will simplify the complex legal landscape that currently slows the pace of our efforts to modernise and improve public services. The Bill also provides a framework for public bodies to share data in a manner that is compatible with data protection law, including the new General Data Protection Regulation that came into effect on 25 May.
241. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of persons released on bail at present; and if he will make a statement on the matter. [31087/18]
Amharc ar fhreagraI have requested a report from the Garda authorities in relation to this matter and I will contact the Deputy directly when the report is to hand.
242. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an appointment for an emergency renewal of stamp 4 can be facilitated at an early date in the case of a person (details supplied); and if he will make a statement on the matter. [31094/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that registration and renewal of immigration permissions for Dublin City and County is carried out at its Burgh Quay Offices. To ensure customers do not have to queue for services, an online appointment booking system has been put in place.
Appointments are released Monday – Friday at 10am for dates 7 weeks in the future. A small number of near-term appointments are also released each afternoon at 2:30 p.m. INIS advises applicants to book an appointment up to ten weeks before their permission expires. Applicants who have not secured an appointment before the expiry of their permission should check the website at 2:30 p.m. daily to secure an early appointment.
It is recognised that genuine emergency situations can arise and in that regard INIS has in place procedures to deal with these on a case-by-case basis. Inquiries in this regard should be addressed to burghquayregoffice@justice.ie.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
243. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of drug seizures in each Dublin metropolitan Garda district in each of the years 2013 to 2017 and to date in 2018; the quantity, type and value of drug seizures involved; and if he will make a statement on the matter. [31106/18]
Amharc ar fhreagraI have requested a report from the Garda Commissioner in relation to the information sought by the Deputy. I will reply further to the Deputy when this report is to hand.
244. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of different instances in which counterfeit euro notes have been seized by or have come into the possession of An Garda Síochána in each of the years 2013 to 2017 and to date in 2018; the notional value of euros involved; and if he will make a statement on the matter. [31107/18]
Amharc ar fhreagraI have requested a report from the Garda authorities in relation to this matter and I will contact the Deputy directly when the report is to hand.
245. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the average waiting times persons are experiencing in receiving free legal aid broken down by category, such as, family law, repossessions and so on; the actions he will take to address this issue; and if he will make a statement on the matter. [31108/18]
Amharc ar fhreagraThe provision of civil legal aid in the State is delivered by the Legal Aid Board pursuant to the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017.
There are significant demands on the Board and I am conscious that this gives rise to waiting times for certain services at most of the Board's law centres. However, waiting times have been reduced over the last number of years due to measures introduced by the Board and the Deputy will be glad to know that the Board's budget was increased to €40.275m in 2018.
The Board is extremely conscious that delays in service can lead to difficulties not just for the client but also for the wider community, as well as the courts system. In this regard, certain matters are dealt with as priority matters which means they receive the next available appointment at the law centre. Such matters include domestic violence, child abduction, child care, and asylum and related matters. In addition, the Board refers the vast majority of applications relating to private District Court remedies, for example maintenance, custody, access and guardianship, to private solicitors on its panels.
In instances where an insolvent person is seeking legal advice in relation to repossession proceedings under the Abhaile scheme, there are designated solicitors for this work in addition to a “Duty Solicitor” service being available at repossession lists at county registrars’ courts. There is no waiting list for this service.
All other applications are placed on the waiting list. I can advise the Deputy that details of the waiting times in each law centre are published on a regular basis by the Board on their website https://www.legalaidboard.ie/en/Our-Services/Legal-Aid-Services/Waiting-times/. The Board does not maintain separate waiting lists for each category of case.
246. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of prisoners on temporary release by prison; the type of offence those prisoners were convicted of in tabular form; and if he will make a statement on the matter. [31109/18]
Amharc ar fhreagraAs the Deputy is aware the Irish Prison Service collates and publishes the prisoner population breakdown, including those on temporary release, on a daily basis and this information is available on the Irish Prison Service website.
The information requested by the Deputy in relation to the type of offence which the person on temporary release was convicted of, is set out in the following table.
On 06 July 2018, there were 231 prisoners (6%) on temporary release across the prison system. This included 140 prisoners who were on structured temporary release programmes such as the Community Return Programme or Community Support Scheme. The legislative basis for making decisions on temporary release are fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.
A prisoner may apply through the prison Governor for consideration for temporary release. Their family or their legal representative can also apply for consideration of such a concession. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation made by the prison authorities and/or therapeutic services is to that effect. Each application is considered on its individual merits and a number of factors are taken into account when making a decision on whether to grant temporary release.
The Deputy will be aware that the Irish Prison Service Three Year Strategic Plan 2016-2018 and the Joint Prison Service/Probation Service Strategic Plan 2018-2020 includes working towards the objective of ensuring that all prisoners released early from custody are placed on appropriate structured programme of temporary release.
The Community Return Scheme is an initiative whereby carefully selected prisoners, serving sentences between 1 year and 8 years, can be granted reviewable temporary release coupled with a requirement to do community service work such as painting, gardening or graffiti removal in a supervised group setting. The type of work involved is intended to assist the community and the scheme is involved with a large number of charitable organisations and local community groups.
In addition to Community Return, a Community Support Scheme has also been introduced to reduce recidivism rates of short term prisoners by arranging for additional support structures post release and by providing for a more structured form of temporary release.
Breakdown classified by Offence Group on 06/07/2018
|
Offence Group Description |
Total |
|
Attempts/Threat to Murder, Assaults, Harassments and Related Offences |
28 |
|
Dangerous or Negligent Acts |
6 |
|
Robbery, Extortion and Hijacking Offences |
7 |
|
Burglary and Related Offences |
15 |
|
Theft and Related Offences |
62 |
|
Fraud, Deception and Related Offences |
6 |
|
Controlled Drug Offences |
58 |
|
Weapons and Explosives Offences |
8 |
|
Damage to Property and the Environment |
3 |
|
Public Order and Social Code Offences |
2 |
|
Road and Traffic Offences |
33 |
|
Offences against Government, Justice Procedures and Organisation of Crime |
1 |
|
Offences Not Elsewhere Classified |
2 |
|
Total |
231 |
247. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of outstanding warrants nationwide on the PULSE system; his views on the number of outstanding warrants; and if he will make a statement on the matter. [31110/18]
Amharc ar fhreagraI have requested a report from the Garda authorities in relation to this matter and I will contact the Deputy directly when the report is to hand.
248. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of persons supervised in the community under a post-release supervision order under Part 5 of the Sex Offenders Act 2001; the number of persons in breach of conditions under this Part; the number of cases pending; the number of convictions; the regional breakdown of these figures; and if he will make a statement on the matter. [31111/18]
Amharc ar fhreagraThere are 121 persons being supervised by the Probation Service under the conditions of a Post Release Supervision Order as provided for in Part 5 of the Sex Offenders Act 2001 at the end of June 2018. A regional breakdown of this number is illustrated in following table.
Breakdown classified by Offence Group on 6/07/2018
|
Region |
Number |
|
Dublin North and North East |
27 |
|
Dublin South and Wicklow |
25 |
|
Midlands and South East |
29 |
|
South West |
22 |
|
West and North West (Including Westmeath) |
18 |
|
Total |
121 |
The information the Deputy has requested in respect of cases involving non-compliance with a Supervision Order under Section 33 of the Act is not readily available.
249. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of probation officers stationed in each county; the corresponding figures for the same date in 2017; and if he will make a statement on the matter. [31112/18]
Amharc ar fhreagraThe Probation Service is the lead agency in the assessment and management of offenders in our communities. It has a national remit with services delivered locally by staff based in 35 community based offices and also in 12 prisons.
The Probation Service is structured into 7 operational regions, of which 5 are geographical operational regions and 2 are national operational regions. Probation Officers are assigned on a regional, not county basis and so the table below provides a breakdown of the number of Probation Officers and Senior Probation Officers in these 7 operational regions as at the end of June 2018 and end of June 2017.
|
Regions |
Probation Officers End June 2018 |
Senior Probation Officers End June 2018 |
Probation Officers End June 2017 |
Senior Probation Officers End June 2017 |
|
Prisons & Risk Resettlement (National Region) |
33.9 |
6 |
32.9 |
6 |
|
Young Peoples Probation (National Region) |
11.9 |
3 |
12.1 |
5 |
|
Dublin North & North East |
34.9 |
7 |
34.1 |
8 |
|
Dublin South & Wicklow |
41.4 |
7 |
46 |
7 |
|
Midlands & South East |
32.5 |
4.8 |
31.5 |
4 |
|
South West |
38 |
5.7 |
35.8 |
7.7 |
|
West, North West & Westmeath |
26 |
5 |
24.8 |
5 |
|
Total |
218.6 |
38.5 |
217.2 |
42.7 |
